Law Offices of Robert S. Gershon

Good News on Deportation Concerns

admin — Thu, 17 Jun 2010 00:06:51 +0000

The US Supreme Court just ruled unanimously that immigrants to the US who are legally here need not be deported automatically for minor drug offenses. Prior to this decision, permanent residents of the United States could be deported to their native lands for possession of even minimal amounts of drugs. This harsh consequence can now be avoided but it goes without saying that the person charged attain proper legal representation. If you or a loved one/friend find yourself charged with possession of drugs, contact me as soon as possible to discuss the right course of proceeding with your criminal case.

The Right to Remain Silent

admin — Fri, 11 Jun 2010 02:55:15 +0000

The U.S. Supreme Court recently ruled that criminal suspects seeking to protect their right to remain silent must actually speak up to keep it! If you are arrested and the police wish to question you about the alleged crime, they have to tell you first that you have the right to remain silent (Miranda warnings). However, the new ruling essentially says that you must tell the police that you are not going to speak with them about the charges. Even if you remain silent for hours and then say something incriminating, it can be used against you. What you should do, if arrested, is tell the officers that you are not going to speak with them about what you are being arrested for and that you want an attorney. The only information you should give them is what’s called “pedigree”, such as your name, addresss, date of birth, etc…. Do not say anything about the instant arrest because you cannot talk your way out of it! In all my years of practice I have never once seen a criminal suspect convince the police that they have the wrong person or that their actions were justified. What you may consider to be an innocent comment about something could come back to haunt you later on in the case.

First Blog Post

admin — Mon, 15 Mar 2010 03:57:11 +0000

Welcome to the Gershonlaw Blog! It has recently been learned that the New York City Police Department has been keeping a database of people who have been stopped and frisked in the City. I believe that this information should not be maintained by the Police Department as it violates the rights of individuals who have either not been charged with a crime or who have been cleared of criminal charges. The New York Civil Liberties Union has filed a lawsuit seeking the Court’s Order to do just that.

If you have been arrested after the police searched you for no valid reason (what we call a “bad search”), it may be possible to get the evidence suppressed in a pre-trial hearing. Often when the evidence is suppressed, the District Attorney’s Office is left with no choice but to dismiss the case.